Act of Inclosure

The 1775 Act of Inclosure for Scrooby

Here is Scrooby's Act of Inclosure, transcribed from Scrooby Parish Council's archive. Their copy is a photocopy of a printed document; presumably a later official copy of the Act. I have tried to retain the capitalisation of the document, but not the italicisation or decorative fonts.

It will take some time to post the whole document, so whilst this warning remains: THIS TRANSCRIPT IS INCOMPLETE.

AN ACT FOR Dividing and Inclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds in the Township and Parish of Scrooby, in the County of Nottingham.

WHEREAS there are within the Township and Parish of Scrooby, in the County of Nottingham, several open arable Fields, Meadows, and Pastures, and also several Commons and waste Grounds, both Freehold and Copyhold, containing in the Whole One thousand Three hundred and Fifty Acres or thereabouts:

AND WHEREAS the most Reverand Father in God the Lord Archbishop of York, the Right oof his See, is Lord of the Manors, both Freehold and Copyhold, and as such is intitled to hold Courts therein, and to have and receive the incidental Manerial Perquisites and Profits arising from the siad Manors; and also, in Right of his See, is Owner of Estates within the said Parish:

AND WHEREAS Margaret Cavendish Duchess Dowager of Portland is Patrones of the Vicarage of the Parish Church of Scrooby aforesiad:

AND WHEREAS Charles Cavendish, Esquire, commonly called Lord Charles Cavendish, is Impropriator of all the Great Tithes; and the Reverend William Richardson is the present Vicar of the siad Parish, and is intitled to all the Vicarial Tithes throughout the said Parish, and also intitled to a Modus of Seven Shillings and Four Pence, in lieu of Tithe Hay and Clover, which is paid yearly to the said Vicar, and chargeable upon the Lands in the said Parish:

AND WHEREAS the said Lord Archbishop of York, Jonathon Acklom, Esquire, Thomas Gooddy, Gentleman, and Elizabeth Lister and Judith Lister, Spinsters, and several other Persons, are Proprietors of Lands in the said open Fields, and of ancient Freehold and Copyhold Messuages, Messuage-steads, Cottages, Cottage-steads, Tofts, Toft-steads, and Front-steads, Lands, Grounds, Tenements, and Hereitaments, Freehold and Copyhold, situate, lying, and being within the said Township and Parish:

AND WHEREAS it would tend to the better Cultivationand Improvement of the Lands and Estates whithin the said Township and Parish, and to the great Advantage of all Proprietors and Occupiers thereof and Persons interested therein, if the Whole of the said open Field, Meadows, Pastures, Commons, and waste Grounds were divided, allotted, and inclosed, and held in Severalty; and also if all and all Manner of Tithes, Tenthsm Modusses, and other Ecclesiastical Dues whatsoever arising, increasing, renewing, and happening within and in any ways belonging and appertaining to the Impropriator and Vicar of the Parish Church of Scrooby aforesaid, and in Right thereof due and payable to the siad Impropriator and Vicar of the siad Parish and Parish Church, were for ever barre, extinguished, and abolished, and an adequate Compensation settled upon them and Sucessors in lieu thereof:

BUT such Division, Inclosure, and Improvements cannot be made without the Aid and Authority of Parliament;

May it therefore please Your MAJESTY,

That is may be ENACTED; AND BE IT ENACTED, by the KING's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in the present Paliament assembled, and by the Authority of the same, That Henson Kirkby of Worksop, int he County of Nottingham, George Kelk of Carlton, in the siad County of Nottingham, and Robert Rhodes of Serlby, in the said County of Nottingham, and their Successors to be elected and appointed in Manner herein after-mentioned, shall be and are hereby appointed Commissioners for setting out, dividing, and allotting all and singular the Lands and Grounds herein-after directed to be set out, divided, and allotted, and for executing all and every Powers and Authorities of this Act; subject to the Rules, Orders, Restrictions, and Directions herein after-contained.

AND BE IT FURTHER ENACTED, That such Person as the said Commissioners, or any Two of them, by any Writing under their Hands in that Behalf shall appoint, shall take a true and exact Survey and Admeasurement of the Lands and Grounds so directed to be inclosed as aforesaid, and also the ancient inclosed Lands and Grounds within the said Township and Parish of Scrooby, on or before the First Day of July One thousand Seven hundred and Seventy-five, or as soon after as conveniently may be; which Survey shall be reduced into Writing, and contain the Number of Acres, Roods, and Perches, in Statute Measure, of the Lands and Grounds in the said Parish, and of each Proprietor's respective Share thereof, and shall be laid before the said Commissioners, or any Two of them, at any of their Meetings to be held in pursuance of this Act.

AND WHEREAS Disputes have arisen between the Owners of Lands in the said Parish of Scrooby and the Owners of Lands in the Parish of Harworth, touching their respective Rights or Interests in a certain Common or Waste called Scrooby and Harworth Commn; BE IT THEREFORE ENACTED, by the Authority aforesaid, That nothing in this Act contained shall authorize or impower the said Commissioners to divide, allot, or inclose, or in any-wise interfere with the said Common or Waste called Scrooby and Harworth Common, or any Part thereof; any Thing in this Act contained to the contrary notwithstanding.

PROVIDED NEVERTHELESS, That nothing herein before-mentioned shall obstruct, hinder, or prevent the said Commissioners from carrying the several Purposes of theis Act into Execution with respect to any other Lands or Grounds within the said Parish of Scrooby.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED, That if any One or more of the said Commissioners, or the Surveyor, to be nominated or appointed, or who shall have been elected in the Manner herein-after mentioned, shall, before the Excution of the Powers and Authorities hereby vested in them respectively, die or refuse to act, it shall be lawful for the said Commissioners, or any Two of them, or the Survivor or survivors of them, from time to time, by any Writing to be signed by them respectively, within One Calendar Month next after such Death or Refusal to act as aforesaidshall be known, to appoint One other Commissioner or Surveyor respectively, not interested in the said intended Division and Inclosure, instead of each Commissioner and Surveyor so dying or refusing to act as aforesiad; and every such Commissioner and Surveyor so to be appointed shall have the like Authority in the Execution of this Act, as the Commissioner or Surveyor in whose Place he shall succeed is hereby vested with.

PROVIDED ALWAYS, That no Person shalll be capable of acting as a Commissioner or Surveyor in the Execution of any of the Powers granted by the Act (except the Power of giving Notice of the First Meeting of the siad Commissioners,a dn of administering the Oath herein-after mentioned) until he shall have taken and subscribed an Oath to the Effect following:

I A.B. do swear, That I willfaithfully, impartially, and honestly, according to the best of my Skill and Judgement, execute and perform the several Trusts, Powers, and Authorities reposed in me as Commissioner [or Surveyor] by virtue of "An Act for Dividing and Inclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds in the Township and Parish of Scrooby, in the County of Nottingham", and that without Favour or Affection: So help me GOD.

Which Oath any One of the said Commissioners shall and may administer; and the said Oath so taken and subbscribed by each Commissioner and by the Surveyor shall be inrolled with the Award or Instrument herein-after directed to be made and inrolled.

AND BE IT FURTHER ENACTED, That the said Commissioners, or any Two of them, shall and they are hereby required to cause public Notice to be given in the York Courant, and also in the Parish Church of Scrooby aforesaid, uppon a Sunday immediately after Divine Service, or by Writing to be affixed on the most public Door of the said Church, of the Time and Place of their first and every subsequent Meeting appointed in Pursuance and for the Execution of this Act, at least Fourteen Days before the Day whereon such Meetings respectively shall be so appointed to be held (Meetings by Adjournment only excepted); and whenever it shall happen that only One of the said Commissioners shall attend to hold any Meeting pursuant to such Notice, such Commissioner shall and may adjourn such Meeting from time to time in such Manner as if all the Commissioners had been present; but shall not proceed in executing any other of the Powers or Authorities given to the said Commissioners by virtue of this Act.

AND WHEREAS Disputes may arise between the Proprietors of Lands in the said Township and Parish of Scrooby and the Proprietors of Lands in some other adjacent Parishes or Places, touching the Boundaries of the Lands to be inclosed; in order therefore to settle all such Disputes, and to ascertain the said Boundaries for the future, BE IT ENACTED, by the Authority aforesaid, That the said Commissioners, or any Two of them, shall and may and they are hereby authorized and required by Examination of Witnesses upon Oath, (which Oath any One of the said Commissioners is hereby authorized and impowered to administer) and in such other Manner as they shall think proper, to inquire into, ascertain, set out, fix, and determine such Boundaries, and after the said Boundaries shall be so ascertained, set out, fixed, and determined by the said Commissioners, or any Two of them, the same shall and are hereby declared to be the Boundaries between the said Township and Parish of Scrooby and the other Parishes and Places respectively; and Law, Usage, or Custom to the contrary notwithstanding.

PROVIDED ALWAYS, That Notice of the Time and Place of Meeting of the Commissioners for fixing and determining Boundaries of the Lands to be inclosed as aforesaid, shall be affixed on the Door of the Church or Chapel belonging to the Parish, Township, or Place adjoining such Lands, Fourteen Days at least before such Meeting.

PROVIDED NEVERTHELESS, That if any Proprietors of Lands in any of the said Townships, Parishes, or Places, shall be dissatisfied with the Determination of the said Commissioners with respect to such Boundaries, it shall and may be lawful for such Proprietors too try the same at Law at the First or Second Assizes which shall be holden for the said County of Nottingham next after such Determination of the said Commissioners as aforesaid, upon a seigned Issue, to be settled by the Court where the Action shall be commenced, in case the Parties differ; and the Parties against whom such Action shall be commenced are hereby required to appear thereto, accept a Declaration, and plead to Issue; but in case no such Action shall be brought and tried within the Time herein-before limited, then the Boundaries so ascertained, set out, fixed, and determined by the said Commissioners as aforesaid shall be and for ever remain unalterable.

AND BE IT FURTHER ENACTED, That in case any Dispute or Difference shall arise between any of the Parties interested in the Lands and Ground hereby intended to be inclosed, touching or concerning their respective Shares, Rights, and Interests therein (save and except as to the Tithes arising upon the same) it shall be lawful for the said Commissioners, or any Two of them, and they are hereby required by Examination of Witnesses upon Oath (which Oath any One of the said Commissioners shall and may administer) and upon other proper and sufficient Inquiry, Evidence, and Satisfaction, to hear and finally determine the same, and such Determination shall be binding and conclusive to all Parties.

AND BE IT FURTHER ENACTED, by the Authority aforesaid, That the said Commissioners, or any Two of them, shall and they are hereby required to make or cause to be made an exact Valuation of all the open arable Fields, Meadows, Pastures, Commons, and waste Grounds, as also of the ancient inclosed Lands and Grounds within the said Township and Parish or Scrooby; and after such Valuation shall be made, then, in the First Place, to assign, set out allow, and appoint unto and for the said Charles Cavendish, Esquire, commonly called Lord Charles Cavendish, as Lay Impropriator of all the Great Tithes of Scrooby aforesaid, such Parcel or Parcels of the said open arable Fields as shall in the Judgement of the said Commissioners, or any Two of them, be equal in Value to One fill Seventh Part (Quantity, Quality, and Situation considered) of all the open arable Fields in the said Township and Parish; and also One full Tenth Part (Quantity, Quality, and Situation considered) of all the Meadows, Pastures, Commons, and waste Grounds in the said Township and Parish in Manner herein-after mentioned (that is to say) One full Seventh Part of all open arable Fields in the said Township and Parish of Scrooby, to be set out in One entire Plot in such Part of the said Fields as the said Commissioners, or any Two of them, shall think fit; and also One full Tenth Part of all the Meadows and Pastures belonging to the said Township and Parish, to be set out in One entire Plot in such Part of the said Meadows and Pastures as the said Commissioners, or any Two of them, shall think fit; and also One full Tenth part of all the Commons and waste Grounds belonging to the said Township and Parish, to be set out in One entire Plot in such Part of the said Commons and Wastes as the said Commissioners, or any Two of them, shall think fit; and the said Commissioners, or any Two of them, are hereby Authorized and required to assign and set out the above-mentioned Allottments; and in the next Place to assign and allot unto and for the said William Richardson and his successors, Vicars of the Parish and Parish Church of Scrooby aforesaid, such Parcel or Parcels of the said open Lands and Grounds as shall in the Judgment of the said Commissioners, or any Two of them, be equal in Value, and a full Satisfaction and Compensation for and in lieu of the Modus of Seven Shillings and Four Pence annually paid to the said Vicar out of the Lands and Grounds in the said Parish, in lieu of Tithe, Clover, and Hay; and also to assign and allot unto the said William Richardson and his Successors, Vicars as aforesaid, such Parcel or Parcels of the said Lands and Grounds intended to be inclosed as shall be equal in Value to all the Tithes payable to the said Vicar, (not included in the said Modus) Easter Offerings, and other customary Dues payable at Easter to the said Vicar (Mortuaries and Surplice Fees only excepted) which said Lands so to be allotted to the said Vicar shall be let out as near as conveniently may be to the Vicarage House.

AND BE IT FURTHER ENACTED, That all the Lands so to be assigned and allotted to the said Impropriator in lieu of his Great Tithes, and the allotment to the Vicar in lieu of all Vicarial Tithes, Easter Offerings, and other Dues, Duties, and Payments (Mortuaries and Surplice Fees only excepted) shall, within the Space of Twelve Calendar Months next after the signing and sealing the said Award or Instrument herein-after directed to be made, be fenced round with good and sufficient Posts of Oak and double Rails, also good Oak Gates properly hung at the most convenient Places, and shall also be sufficiently planted with Garden and other Quicksets or White-thorn Plants, by and at the Expensive of the several Proprietors of the Lands and Grounds hereby directed to be inclosed, and in such Proportions as the said Commissioners, or any Two of them, shall in and by their Award order, direct, or appoint; which Fences shall for ever afterwards be kept in Repair by the said Impropriator and Vicar, and their several and respective Successors for the Time being, according to their respective Rights and Interests therein.